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UNITED STATES v. 449 CASES, ETC.

No. M-1566.

113 F.Supp. 114 (1953)

UNITED STATES v. 449 CASES, MORE OR LESS, CONTAINING TOMATO PASTE, etc.

United States District Court, E. D. New York.

June 19, 1953.

Attorney(s) appearing for the Case

Frank J. Parker, U. S. Atty., Brooklyn, N. Y., for libellant.

Leo Sussman, New York City, for libellee.

BRUCHHAUSEN, District Judge.

This is a motion for an order to set aside the judgment of this Court, dated May 12, 1953, 111 F.Supp. 478, and to grant a new trial on the ground of newly discovered evidence. The judgment sought to be set aside denied an order of condemnation and directed the release of certain allegedly defective cans of tomato paste.

After judgment in favor of the libellee, the government now moves for...

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